Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE4H DAY OF NOVEMBER201313TH KARTHIKA, 1935 Bail Appl..No. 7313 of 2013 () ------------------------------- CRIME NO. 2013/2013 OF KUNNAMKULAM POLICE STATION, THRISSUR DISTRICT ----------------------- PETITIONERS/ACCUSED1AND2: -------------------------------------------------- 1. AMMINI, W/O. SANKURU, AGED56YEARS, THALAPPILLYHOUSE, CHEMANNUR THALAPPILLY TALUK, THRISSUR DISTRICT.
2. ANIL, S/O. SANKURU, AGED27YEARS, THALAPPILLYHOUSE, CHEMANNUR THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.T.PRASAD RESPONDENTS/COMPLAINANT : ------------------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE KUNNAMKULAM POLICE STATION, THRISSUR DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0411-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn P.BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7313 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 04th day of November, 2013 ORDER
Petitioners are the accused in Crime No. 2013 of 2013 of Kunamkulam Police Station who are alleged to have committed the offences punishable under Sections 341, 324, 294(b), 308 and 506(1) read with Section 34 of IPC.
2. The allegation against the petitioners is that on 06.10.2013 at 7.30 p.m., while they were tempering with the boundary stones in the property belonging to the defacto complainant, the defacto complainant took objection to the same and as a result of which an attack was made on the defacto complainant causing injuries to him by the first petitioner.
3. Petitioners would say that all the allegations are totally false and are made with ulterior motive. It is pointed out that the parties are neighbours and there have been long time disputes pending regarding the property. In fact, B.A. No. 7313/2013 -2- the first petitioner has filed a complaint regarding the acts committed by the neighbours with the help of one Babu. Petitioners say that they have not committed any act which would constitute an offence.
4. The learned Public Prosecutor opposed the petition and pointed out that the investigation is at an infant stage.
5. After having heard the learned counsel for the petitioners and the learned Public Prosecutor and having perused the records, even though it could not be said that the petitioners are totally innocent, there seems to be some substance in the complaint that the incident might not have occurred as alleged. Any how, a deeper probe into the veracity of the allegations is not warranted at this point of time. Suffice to say that considering the various facts and circumstances of the case, it is felt that this is a fit case where extraordinary jurisdiction of this Court needs to be exercised in favour of the petitioners. B.A. No. 7313/2013 -3- The petition is allowed as follows:
1. Petitioners shall surrender before the Investigating Officer on or before 11.11.2013, who, after interrogation, shall produce them before the JFCM court concerned, which court, on an application for bail being moved by the petitioners shall release them on bail on each of them executing a bond for a sum of ` 15,000/- (Rupees Fifteen thousand only) with two solvent sureties for the like sum each to the satisfaction of the said court. 2) The court concerned shall ensure the identity of the sureties and the veracity of the tax receipts, before granting bail. 3) Petitioners shall appear before the Investigating Officer on every Wednesday between 9.00 am and 10.00 am until further orders. 4) Petitioners shall not tamper or attempt to tamper with the evidence and influence or try to influence B.A. No. 7313/2013 -4- the witnesses. 5) If any of the conditions is violated, bail granted to the petitioners shall stand cancelled and the court concerned may take such steps as are available to it in accordance with law. P.BHAVADASAN JUDGE ds